Facts

On Feb. 28, 2008, plaintiff Alicia de Rubalcaba de Reynoso, 53, and her friend visited defendant fast food restaurant in San Fernando. As plaintiff was sitting on a bench seat against a wall, a large framed piece of artwork fell from the wall striking her lower back causing her serious injuries. The framed artwork was 16"x52" and weighed approximately 25-35 pounds.

Cross-defendant Salamon Art Inc. framed the artwork, and was installed by cross-defendant R.C. Design Construction Associates Inc. The framed artwork was either lost or destroyed while in defendant fast food restaurant's custody.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that all defendants are liable and responsible for plaintiff's injuries and damages.

DEFENDANT'S CONTENTIONS:
Defendant fast food restaurant claimed that Salamon Art and R.C. Design Construction were responsible for the malfunctioning artwork.

Settlement Discussions

Plaintiff demanded $8,528,507. Defendants offered $250,000.

Injuries

Plaintiff suffered 4-millimeter disc protrusions at L3-4 and L4-5, combined with L4 denervation, resulting in excruciating and constant left sided radiculopathy into her lower extremity. After months of conservative treatment proving unsuccessful, plaintiff underwent a lumbar fusion surgery on Nov. 23, 2009. Despite her surgery, plaintiff's lower back pain and radicular symptoms continued and were exacerbated by her post surgical development of a lumbar disc infection, diagnosed as osteomyelitis at the surgical site. Plaintiff's physician prescribed her an intravenous antibiotic to which she had a severe allergic reaction. This required plaintiff to be prescribed a tailor-made professionally compounded intravenous antibiotic containing Daptomycin. After undergoing 47 intravenous Daptomycin, plaintiff resumed conservative treatment for her ongoing back pain. Due to her continuing lower back pain and left sided radicular pain symptoms, in May 2012, plaintiff sought evaluation and treatment by Dr. John Regan. Dr. Regan assessed that plaintiff subsequently (post-surgery) developed a scoliosis as a result of collapse to the right side at the L3-4 levels as well as auto fusion at this level. Plaintiff's pain is also associated with parasthesias down the right leg and weakness in the right leg. Dr. Regan recommended that plaintiff undergo an L3-4 osteotomy laminectomy and spinal fusion. Defendants opposed the reasonableness of the costs of plaintiff's 47 Daptomycin treatments, which were a large portion of plaintiff's medical expenses.

Result

The case settled for $2,050,000.

Other Information

MEDIATOR: Peter J. Searle, Esq., at Judicate West, Los Angeles.